Exclusion order

[blueberries]

Hello,

Had an exclusion order from Canada couple of years ago for overstay (no criminal record, left voluntarily), now want to go study in Canada, but the program I want to apply for requires Police Record Check, so my question is will be my exclusion order shown in that record or not?

Thanks

 

[PMM]

Hi

Hello,

Had an exclusion order from Canada couple of years ago for overstay (no criminal record, left voluntarily), now want to go study in Canada, but the program I want to apply for requires Police Record Check, so my question is will be my exclusion order shown in that record or not?

Thanks

1. No, unless you were fingerprinted. But it will show up in Immigration's records, and they may refuse, based on your previous overstay.

 

[blueberries]

Hi

1. No, unless you were fingerprinted. But it will show up in Immigration's records, and they may refuse, based on your previous overstay.

Pretty sure fingerprints were taken. But it is not a criminal activity though, why will it be shown ? I'm really confused.

 

[itscoezy]

Cant you do the police check but also explain to the school the situation... I could be totally wrong but that type of "criminal activity" if you want to call it that shouldn't really effect your school acceptance should it?

 

[blueberries]

Cant you do the police check but also explain to the school the situation... I could be totally wrong but that type of "criminal activity" if you want to call it that shouldn't really effect your school acceptance should it?

I most definitely can, but if it's not shown I won't need to explain anything though. I wasn't charged with anything, so as I understand I don't have any criminal activity/record. Am I right ?

 

[itscoezy]

http://www.pardons.org/pardons_faqs.html going by this website, it says:

How do I know if I have a criminal record?
If you have been charged with a crime, even if you were found not guilty, or were never convicted, you do have a criminal record. If you have been fingerprinted for your offence, a fingerprint number (FPS#) is assigned to your name and date of birth and will exist until you take steps to have this record cleared. Even if you were not fingerprinted, if you were charged with an offence under the criminal code you may still require a Pardon (if you were convicted) or a file destruction (if you were not convicted).

Who can grant or issue a pardon?
The National Parole Board (NPB) has exclusive jurisdiction to grant, refuse to grant or to revoke a pardon. The law that governs pardons is known as the Criminal Records Act (CRA). The Criminal Records Act provides for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves.

How likely am I to be granted a Pardon?
If you have waited the requisite time period (3, 5, or 10 years) after the sentence imposed was completed, and if you have all the proper supporting documents and have been of good conduct, the federal government will grant you a pardon. When Pardons Canada undertakes to do a Pardon on behalf of a client we guarantee 100% successful completion.

 

[blueberries]

How do I know if I have a criminal record?
If you have been charged with a crime, even if you were found not guilty, or were never convicted, you do have a criminal record. If you have been fingerprinted for your offence, a fingerprint number (FPS#) is assigned to your name and date of birth and will exist until you take steps to have this record cleared. Even if you were not fingerprinted, if you were charged with an offence under the criminal code you may still require a Pardon (if you were convicted) or a file destruction (if you were not convicted).

Who can grant or issue a pardon?
The National Parole Board (NPB) has exclusive jurisdiction to grant, refuse to grant or to revoke a pardon. The law that governs pardons is known as the Criminal Records Act (CRA). The Criminal Records Act provides for the relief of persons who have been convicted of offences and have subsequently rehabilitated themselves.

How likely am I to be granted a Pardon?
If you have waited the requisite time period (3, 5, or 10 years) after the sentence imposed was completed, and if you have all the proper supporting documents and have been of good conduct, the federal government will grant you a pardon. When Pardons Canada undertakes to do a Pardon on behalf of a client we guarantee 100% successful completion.

yeah, I read it. But I've never been charged.

 

[rock_khan]

YOUR EXCLUSION ORDER/DEPORTATION ORDER WILL DEFINATELY BE SHOWN IN YOUR POLICE RECORD !

 

[MandyUK]

Hello,

Had an exclusion order from Canada couple of years ago for overstay (no criminal record, left voluntarily), now want to go study in Canada, but the program I want to apply for requires Police Record Check, so my question is will be my exclusion order shown in that record or not?

Thanks

Was it an Exclusion order, or a departure order, because there is a big difference

Departure order: A departure order[/color] requires that the person leave Canada within 30 days after the order becomes enforceable.

Exclusion order: A person who has been removed as a result of an exclusion order cannot return to Canada for one year unless the written permission of the CBSA is obtained. However, people who are issued exclusion orders for misrepresentation cannot return for two years without written authorization from the CBSA.

Deportation order: A person who has been removed as a result of a deportation order is permanently barred from returning to Canada. Such people may never return unless they receive written permission from the CBSA.

All three removal orders require the person concerned to confirm his or her departure from Canada with the CBSA.

A departure order automatically becomes a deportation order when someone who has been issued a departure order does not leave Canada as required or leaves Canada without confirming his or her departure with the CBSA.

Departure and exclusion orders are usually issued for less serious violations.

If a person is issued a removal order and files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for protection is accepted, the removal order is cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.

In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.

As long as you followed what the order says that you were given I cant see it being a problem, unless it was a deprtation, then its a whole new set of ules. and because your applying through a visa the correct way to enter, then I really cant see it being a problem. You will have to tell them on the application what you were given, it wont show up on the police record you get from your own country. Not sure about Canada, but unless they ask for a police check for Canada you dont need to get one.
Hope that helps. ;D

 

[scylla]

Hello,

Had an exclusion order from Canada couple of years ago for overstay (no criminal record, left voluntarily), now want to go study in Canada, but the program I want to apply for requires Police Record Check, so my question is will be my exclusion order shown in that record or not?

Thanks

Assuming you are accepted by a school, obtaining a study visa may be a problem. To be approved for a study visa, you must prove you plan to return to your home country after you have finished your studies and have no plans to overstay. Your previous overstay will likely be seen as a signal you want to stay long term. Consequently you should provide as much information as possible with your application that you plan to return home. You might even want to include a letter that explains your previous overstay.

 

[Ned33]

Related to this situation my friend has an exclusion order 9 years ago. cause is misrepresenting.
his wife is under live-caregiver program when she apply for PR and now she is eligible for PR, my friend and his kids now will complete for requirements
and file for their applications. do my friend need to get a police certificate in Canada?